A GUILDFORD pub refused longer opening hours because of concerns regarding binge drinking and violence has been thrown a lifeline by the High Court.

Pub chain JD Wetherspoon, which owns Lloyds No 1 in Bridge Street, won High Court permission to bring a legal challenge against Guildford Borough Council whose licensing sub-committee rejected the application in September.

Wetherspoon argues the case “raises a question of general and national importance to the licensed trade” following the introduction of the Government’s new licensing laws.

Wetherspoon wants to serve alcohol at Lloyds No 1 from 9am until 2am seven days a week – a daily extension of three hours.

The pub was one of a number in the Bridge Street area that applied for an extension in their opening hours – all of which were refused by the council.

The sub-committee’s decision was reached after Surrey Police objected to the initial application.

Insp Dave Kelley said at the time violent crime was stable and if the opening hours were varied it would “upset that stability and violent crime will rise.”

A “cumulative impact” policy was adopted by the local authority.

The policy means no new licences would be granted for the area, or longer opening hours allowed, unless an applicant can show that opening their premises for longer will not increase the problem of crime and disorder already being caused locally by the number of pubs and clubs and other licensed premises.

Wetherspoon lawyers argue that Government guidance means the policy can only be applied to applications for licences, or where there is increased capacity – not to applications to increase opening hours on existing licences.

Mr Justice Walker, sitting in London, gave the company the green light to seek judicial review and ruled Wetherspoon had “an arguable case” and should go to a full hearing early in the new year.

Wetherspoon says the case is crucial to the Government’s new licensing regime introduced under the 2003 Licensing Act.

Clare Eames, legal director at JD Wetherspoon said: “If our interpretation is found to be correct it means we can go back to the local authority – although in theory it can still refuse our application but only under the licensing objectives.

“It will not open the floodgates and we still have to prepare an application for the council to consider.”

Council licensing committee chairman, Cllr David Wright, said the refusal was based on the authority’s “special cumulative impact policy for the Bridge Street area”.

“This aims to control, and if possible, reduce the problems of crime, disorder and public nuisance that occur in the area,” he added.

“Guildford Borough Council believes that its interpretation is consistent with the aim of our policy and Government guidance.”